Analysis according to law
For the notarization of evidence preservation of house demolition, the notary shall objectively and comprehensively record the scene situation of the demolished house and collect and extract relevant evidence. According to the different characteristics of the object to be preserved, evidence preservation is carried out by means of exploration, photography and video recording. If a house is surveyed, a survey record shall be made to record the time, place, testers, recorders, property owners, location, location, nature, structure, level, area, recency, roof and ground texture, ancillary facilities and other matters that should be recorded; The length and width of the house that can be represented by charts should be explained; Records shall be signed or sealed by surveyors and notaries; If the parties involved in the demolition activities are present, they shall be required to sign or seal; If the parties refuse to sign or seal, the notary shall record it in the record. Photography and videotaping of houses should fully reflect and record the whole picture of houses. House structure, doors and windows, kitchen and ancillary facilities, etc. , there should be a separate screen display. If the notary office considers it necessary to investigate the preservation matters, it shall employ competent personnel from professional and technical departments or other departments to investigate. Professional and technical departments and their surveyors shall put forward written measurement conclusions and sign or seal the measurement book. Where surveyors from other departments conduct measurements, the unit where the surveyors work shall affix a seal to prove the identity of the surveyors.
When compulsory house demolition is carried out, the notary organ shall notify the demolished person to be present. Refuse to be present, the notary shall record it in the record. If there are items in the forcibly demolished house, the notary shall organize all items to be counted, counted, registered and classified one by one. And record the time and place of the above activities, which will be verified by two people with full capacity present, and then signed by the notary and the people present. If the demolished person refuses to sign, the notary shall record it in the record. After the goods are counted and registered, if they cannot be immediately handed over to the demolished person for reception, the notary shall supervise the demolished person to store the goods in the warehouse provided by him, and hang labels and codes on the goods. If the goods are lost or damaged, the warehouse keeper shall be responsible for compensation. The demolition should make a notice to inform the parties to collect the items within a certain period of time. If it is not collected within the time limit, the notary office may accept the application for relocation and escrow.
skill
The personnel engaged in evidence preservation notarization must have the qualification of a notary, and the conditions and procedures for obtaining the qualification of a notary in China are as follows:
To become a notary, the following conditions shall be met:
(1) Having China nationality;
(two) the age of twenty-five to sixty-five;
(three) fair and upright, law-abiding, good conduct;
(4) passing the national judicial examination;
(five) more than two years of internship in a notary office or more than three years of other legal professional experience and more than one year of internship in a notary office, and passed the examination.
Personnel with senior professional titles who are engaged in law teaching and research, or civil servants and lawyers with bachelor degree or above, who have been engaged in trial, procuratorial work, legal work and legal service for ten years and left their original posts, can serve as notaries after passing the examination.
One of the following circumstances, shall not be a notary:
(1) Having no or limited capacity for civil conduct;
(2) Having received criminal punishment for intentional crime or duty negligence crime;
(3) Being expelled from public office;
(4) The practice certificate has been revoked.
To become a notary, an application shall be made by a person who meets the requirements of a notary. On the recommendation of a notary, the local judicial administrative department shall report to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for examination and approval, and then report to the judicial administrative department of the State Council for appointment. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall issue notaries' practice certificates.
-Quoted from Yanbian People's Publishing House, Master of Law.